Advertisements must not disparage competitors’ products; injunctive relief granted to prevent consumer deception.

Original Application praying that this Hon'ble Court be pleased to grant an interim injunction restraining the Respondent, its men, servants, agents, assigns, directors, officers, or any person claiming through or under it from issuing / circulating / publishing / telecasting / streaming the offending advertisement filed as Plaint Document No.2, or other similar advertisement in any media and in Tamil and thereby, disparaging / denigrating the Applicant's product Vicks Cough Drops by making false, injurious and misleading representations, either directly or indirectly, or in any other manner whatsoever pending disposal of suit.

This Original Application having been heard on 21/03/2022 in the presence of Mr.Vijay Narayan, Senior Advocate, Assisted by Mr. Jose John for M/s. King and Patridge, Advocates for the Applicant herein and Mr.Chander Lall, Senior Advocate and Mr. Satish Parasaran, Senior Advocate assisted by M/s.R.Jawaharlal & Ms.Nancy Roy, Advocates for the respondent herein and upon reading the Judges Summons and the affidavit of Raghav.G and Counter Affidavit of Pallavi Bhushan filed herein and having stood over for consideration till this date and coming on this day before this Court for orders in the presence of said advocates for the parties hereto, and this Court having observed that if the respondent is permitted to

continue to air the advertisement, it is possible that potential consumers may

believe that the applicant's product is ineffective, as a consequence, it is likely that many such consumers would stop using the applicant's product, and may opt for the respondent's product, this could cause significant loss to the applicant, and such loss would be difficult to remedy subsequently, by contrast, if an interim injunction is granted as regards the advertisement in Tamil, the respondent would have the option of withdrawing the advertisement and releasing a new non-disparaging advertisement or even tweaking the existing advertisement in such manner as to make it non- disparaging. In either case, it would only have a marginal cost impact on the respondent, therefore, the balance of convenience is clearly in favour of the applicant, It is ordered as follows :-

That Reckitt Benckiser (India) Private Limited, Having its office at the Executive Center, the respondent herein, its men, servants, agents, assigns, directors, officers, or any person claiming through or under it, be and is hereby restrained by an order of interim injunction till disposal of this suit, from issuing / circulating / publishing / telecasting / streaming the offending advertisement filed as Plaint Document No.2, or other similar advertisement in any media and in Tamil and thereby, disparaging /

denigrating the Applicant's product Vicks Cough Drops by making false,

injurious and misleading representations, either directly or indirectly, or in any other manner whatsoever.

WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 20TH DAY OF APRIL 2022.

Sd/-

ASSISTANT REGISTRAR (Comm.Cases)

//Certified to be true copy//

Dated at Madras this the day of 2022.

COURT OFFICER(O.S.)

From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ED

10.05.2022 O.A.No. 106 of 2022 in C.S(Comm.Div.)No. 35 of 2022 ORDER DATED :20.04.2022 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY FOR APPROVAL: 10.05.2022 APPROVED ON : 12.05.2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on 21.03.2022 Orders Pronounced 20.04.2022 CORAM:

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOO